MUMBAI, DEC 5: Additional Chief Metropolitan Magistrate K H Holambe-Patil today discharged Bal Thackeray, Shiv Sena chief and editor of the party’s mouthpiece Saamna, and Subhash Desai, printer and publisher of the paper, in a criminal case registered by the police alleging their involvement in the riots that erupted in Jogeshwari in 1991.
Both the Shiv Sena chief and Desai who were accused of inciting communal passions through articles in the newspaper were let off on the ground that the case was barred by the law of limitation.
On March 16, 1991, the police had registered a First Information Report (FIR) against the Sena chief and Desai for allegedly inciting readers through inflammatory articles leading to communal riots on January 27 and 28 in the same year in certain pockets of Jogeshwari. The accused were charged under sections 153-a(1)(b) and 163-b(1)(c) of the Indian Penal Code which prescribed punshiment for such offences upto three years.
Since the offence was committed on January 27,1991 and the case registered on March 16, 1994 (after three years), the court held that it was barred by law of limitation.
The court gave its ruling on an application made by the prosecution seeking discharge of both the accused. Earlier on November 2, 1998, the court had directed Bal Thackeray and Desai to remain present in the court on December 5, 1998.